EC wins bid to remove stay order on local inquiry in Selangor

PUTRAJAYA: The Election Commission (EC) can now execute a local inquiry for parliamentary and state constituencies in Selangor after the Court of Appeal set aside an interim stay order by the High Court which had prevented the EC from holding the inquiry.

In a majority 2-1 decision, Justice Tan Sri Idrus Harun who led a three-man panel said there was merit in the EC application to set aside the High Court’s interim stay order.

Idrus and Datuk Yaacob Md Sam granted the application by the EC while Datuk Rhodzariah Bujang dissented.

“We therefore, allowed the motion by the Election Commission. We agreed with the submissions by the Senior Federal Counsel (SFC) that the effect of the stay order restrained the EC from carrying out its function,” said Idrus.

Earlier, SFC Datuk Amarjeet Singh who represented the EC submitted that the commission, when carrying out its function to formulate recommendation, it was actually carrying out part of its constitutional function for the legislative.

He also said any function of legislature was not justifiable and all 101 other parties to be heard at a local inquiry are still pending because of the interim stay order.

Lawyer Datuk S. Ambiga argued that the interim stay order made by the High Court had not adversely affected any party.

She said the application should be dismissed to preserve the status quo and the right of the parties.

On Dec 8, the EC filed the application to set aside the High Court’s decision to suspend the local inquiry process for parliamentary and state constituencies in the state, pending a decision on the appeal at the Court of Appeal.

In the application, the EC said the suspension order contradicted the Federal Constitution and prevented the EC from performing its functions.

It added the order had denied the rights of other voters in Selangor and all the local inquiry for other states involved in the redelineation exercise had been completed, except in Selangor.